This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
At the LaVine Law Firm, our Houston DWI blood test lawyer understands the stress that a DWI arrest can cause. In Harris County, a significant number of DWI arrests involve blood draws, and a Texas DWI conviction can result in fines exceeding $10,000. Blood tests are often seen as unquestionable proof of intoxication, but we know they can be challenged. A high blood alcohol concentration or errors during the blood or breath test can make a huge difference in your case. At Lavine Law Firm, our experienced Houston DWI lawyer protects your rights and fights for the best possible outcome.
Driving while intoxicated is a serious criminal offense in Texas. A blood or breath test can affect your driver’s license, lead to jail time, or cause felony DWI charges in some cases. Law enforcement officers must follow strict procedures during a DWI blood test, and mistakes can help your defense. Our Houston DWI attorneys have handled countless DWI cases in Harris County and know how to question blood alcohol content results. By hiring an experienced DWI attorney, you get strong legal representation against harsh penalties and administrative license revocation.
We know that being arrested for DWI can feel overwhelming. Blood tests, prosecution, and the Texas implied consent law all seem intimidating. Our DWI defense lawyer examines each detail, from the arresting officer’s probable cause to the administrative law judge’s review. We help you understand your Texas DWI laws and develop a defense strategy tailored to your situation. A Houston DWI defense attorney from our firm will fight to protect your driver’s license, challenge blood or breath tests, and fight for the best possible outcome.
At LaVine Law Firm, we dedicate ourselves to defending clients facing blood test evidence in DWI cases. Blood alcohol concentration results are not automatic convictions, and our experienced Houston DWI lawyer knows how to question them. We guide clients through each step, from understanding Texas DWI laws to preparing for court appearances.
Our Houston DWI defense attorney carefully reviews the collection and testing of your blood sample. We examine whether law enforcement officers followed proper procedure and if the arresting officer had reasonable suspicion or probable cause. Mistakes or oversights can render blood test results inadmissible in court, potentially reducing or dismissing DWI charges.
We know DWI cases cause serious stress and concern about jail time, license suspension, and long-term consequences. Our experienced DWI attorneys develop a defense strategy that addresses both criminal law and administrative proceedings. We fight for your rights, protect your Texas driver’s license, and aim to limit the serious consequences of drunk driving charges or felony DWI offenses.
While blood tests are often viewed as reliable scientific evidence in DWI cases, they are not without flaws. The process from the blood draw to analysis is complex and full of opportunities for mistakes. A standard DWI lawyer often misses these errors. Our experienced DWI lawyers specialize in defending against blood test evidence and know how to challenge it effectively. Blood tests are only one part of your DWI case, and we are here to ensure that no detail is overlooked.
Blood alcohol concentration (BAC) is the amount of alcohol in your blood, usually measured in grams per deciliter. Texas law sets the legal limit at 0.08% BAC for drivers of motor vehicles. However, several factors can influence BAC readings, including the time between the arrest and the blood draw. If there were mistakes in the process, the test results may not reflect your true BAC at the time of driving. Our criminal defense attorneys know how to analyze these details and challenge faulty BAC readings.
Both breath and blood tests are used to determine intoxication, but they measure alcohol in different ways. Breath tests are less invasive but may be less accurate in certain situations, whereas blood tests are considered more reliable; however, they can still yield incorrect results. In Texas DWI cases, both tests are valid methods of proving intoxication, but each has its limitations. An experienced DWI lawyer can spot these limitations and use them to challenge the evidence in your case.
Under Texas law, if a blood test shows that your BAC exceeds the legal limit, it’s presumed that you are intoxicated. This legal presumption is strong but not invincible. Even with a blood test result over the legal limit, it does not automatically mean you will be convicted. Our DWI defense lawyers know how to challenge blood test evidence by examining factors like improper procedure, lab errors, or issues with the blood sample itself. We are committed to fighting for your rights and preventing a wrongful DWI conviction.
While blood tests are often considered reliable evidence in DWI cases, they are not foolproof. There are many areas where the evidence can be flawed, from the initial stop to the lab's final report. An experienced DWI lawyer knows where to look for weaknesses in the process and how to challenge the blood test results. We are dedicated to uncovering any mistakes or errors that could work in your favor.
A DWI arrest must begin with a lawful traffic stop. The police officer must have reasonable suspicion or probable cause to pull over a driver. If there was no valid reason for the stop, any evidence collected, including a blood test, may be inadmissible. Our criminal defense attorneys will investigate the circumstances surrounding your traffic stop to determine whether your rights were violated.
Before administering a blood test, officers often conduct field sobriety tests to assess a driver’s impairment. These tests are subjective and must be performed correctly. If the officer did not follow proper procedure, the results of the field sobriety tests may be unreliable. We will carefully review the administration of any field sobriety tests and challenge them if there were mistakes.
In Texas, officers must obtain a warrant before drawing blood unless certain exceptions apply. If the affidavit used to obtain the warrant is faulty or insufficient, the blood test results may be challenged. Our DWI defense attorneys are experienced in identifying errors in warrant affidavits and using them to undermine the prosecution's case.
There are strict guidelines for drawing, storing, and transporting blood. If any part of the procedure is not followed correctly, the test results could be invalid. From the use of unclean needles to improper storage conditions, mistakes in the blood draw process can lead to inaccurate BAC results. Our attorneys are skilled at identifying these issues and using them to challenge the blood test evidence.
For a blood test to be valid, it must follow a strict chain of custody from the moment the blood is drawn to when it is tested in the lab. If there are gaps or discrepancies in the chain of custody documentation, it can call the results into question. Our DWI defense lawyers know how to examine chain of custody records and challenge any errors that may affect the integrity of the blood test results.
If you’ve been arrested for DWI in Houston, especially if a blood test is involved, it’s crucial to have an experienced DWI lawyer by your side. At LaVine Law Firm, we specialize in challenging blood test evidence and providing aggressive criminal defense for drunk driving cases. Contact us today for a complimentary consultation and let us assist you in navigating your Houston DWI case.
If you've been arrested for DWI in Houston and subjected to a blood test, it's important to understand the process and your rights. The blood draw is a crucial part of the DWI case, but it doesn’t automatically lead to a conviction. We are here to guide you through the steps and ensure your rights are protected.
The process typically starts with the arresting officer requesting a blood test, followed by the actual blood draw. However, you have legal rights throughout the process, including the right to refuse a breath or blood test in certain situations. Our goal is to ensure that every step is followed correctly and that any mistakes made by law enforcement can be used in your defense.
In Texas, police may force a blood draw in certain situations. For example, if you’ve been arrested for DWI and there is probable cause that you have committed a DWI offense, police may request a blood draw. Additionally, if you have been involved in an accident that caused serious injury or death, a blood test may be mandatory. This is especially true in cases of intoxication manslaughter charges or intoxication assault. The police may also request a blood test if you refuse a breath test. If the draw is mandatory, it must still comply with legal requirements to ensure the results are valid.
In Texas, you have the right to an independent blood analysis after a breath or blood test. This means you can request that a separate lab conduct its own analysis of your blood sample. This is important because a blood test result is not always definitive. If there’s a question about the accuracy of the lab’s results or if you believe there was an error, an independent analysis may reveal discrepancies that can be used to challenge the prosecution’s case.
The person who draws your blood, often a phlebotomist, must follow strict procedures to ensure the integrity of the sample. If the phlebotomist fails to follow proper protocol or if the facility where the blood is drawn is not properly equipped, the blood test result could be compromised. Our experienced DWI attorneys will scrutinize every detail of the blood draw process to ensure it was conducted correctly.
After your blood is drawn, it is sent to a forensic lab for analysis. This is where the blood test results are generated. However, errors can occur at this stage that could invalidate the results. Our team focuses on identifying these errors as part of our defense strategy. In many cases, mistakes made in the lab can create reasonable doubt about the accuracy of the results, which is crucial for your case.
One common method for analyzing blood samples in DWI cases is gas chromatography. This method separates and identifies compounds in the blood, including alcohol. However, this process can be flawed if not done properly. We will ensure that the method used was appropriate and properly executed. A single error in this process can lead to inaccurate results, and we will identify these errors to strengthen your defense.
Forensic labs must regularly calibrate their equipment to ensure accuracy. If the equipment used to test your blood was not properly calibrated or maintained, it could result in inaccurate readings. Our legal team will request the calibration and maintenance records of the equipment used in your case. If there is evidence that the equipment was faulty or not maintained properly, we will use this as part of our defense.
The person performing the analysis of your blood sample must be properly certified and trained. Human error is always a possibility, and our team will look into the credentials of the analyst who performed the test. If the analyst was not qualified or made mistakes during the process, we will use this as a defense against the test results.
A conviction for DWI in Texas can result in severe consequences. The penalties depend on the circumstances of your case, including the BAC level, whether there was a child passenger, and whether the offense was a felony.
For a first-time DWI offense, you could face:
Our attorneys will work diligently to minimize these penalties by challenging the blood test results and seeking the best possible outcome for your case.
A DWI conviction can result in the suspension of your driver’s license. However, you have the right to request an Administrative License Revocation (ALR) hearing, where:
If your BAC is .15 or higher, you may face enhanced penalties, including:
We will challenge the accuracy of the blood test to ensure that you are not unfairly penalized for a result that might not reflect your true BAC.
At LaVine Law Firm, we offer the expertise and resources needed to fight your DWI blood test case. Our team of criminal defense lawyers is committed to providing personalized, aggressive defense strategies to protect your rights and freedom.
If you've been arrested for drunk driving in Houston and subjected to a blood test, it's critical to act quickly. The steps you take right after being released from custody can make a big difference in the outcome of your criminal case. Here's what you should do:
Can I refuse a blood test in Houston?
Yes, but Texas has "mandatory draw" laws in certain situations. Refusing can lead to an automatic license suspension and might complicate your criminal case.
How long does a blood test take to come back?
Blood test results can take several weeks to be processed by a crime lab. However, the prosecution must provide them to your lawyer during discovery, and we will scrutinize the results closely to protect your rights.
Are blood tests more accurate than breath tests?
Blood tests are considered more direct evidence, but they are susceptible to errors in drawing, storage, and lab analysis. We will challenge these potential issues as part of your defense.
What is a motion to suppress in a DWI case?
A motion to suppress asks the judge to exclude illegal evidence, such as blood drawn without a valid warrant or probable cause. If there were errors during the arrest or testing process, we will file this motion to strengthen your defense.
What happens if the chain of custody is broken?
If the blood sample’s handling can’t be properly accounted for, the test results may be unreliable and inadmissible in court. This could be a critical factor in your defense.
Should I just plead guilty if my blood test was high?
Absolutely not. Even if your blood alcohol concentration (BAC) is high, it doesn't automatically mean a conviction. An experienced DWI lawyer can identify flaws in the evidence and fight to reduce or dismiss your charges.
Being arrested for DWI with a blood test result is a serious situation that can have lasting consequences, including possible felony offense charges. The complexity of blood test cases necessitates the expertise of an experienced criminal defense attorney. At LaVine Law Firm, we understand the stakes and are committed to providing you with the best DWI lawyer defense.
Time is critical, especially when it comes to the ALR hearing. Your driver’s license could be at risk, and it’s important to act quickly to preserve your rights. We encourage you to contact us immediately for a free, confidential consultation. During this consultation, we will review the specifics of your criminal history and the circumstances surrounding your arrest, helping you understand the best course of action. Let us guide you through this challenging process with expert legal representation. Your future is too important to wait—call LaVine Law Firm today for the legal counsel you need.
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